Zeal Health Solutions - HealthEgo (“Application”)
End-User License Agreement ("Agreement")
Last updated: April 05, 2021
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using HealthEgo ("Application").
By clicking the "I Agree" button, downloading or using the HealthEgo (“Application”), you are agreeing to be bound by the terms and conditions of this Agreement and understand that there is no tolerance for objectionable content.
In order to ensure HealthEgo ("Application") provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report” feature found in the options of each post.
This Agreement is a legal agreement between you (either an individual or a single entity) and Zeal Health Solutions and it governs your use of the HealthEgo (“Application”) made available to you by Zeal Health Solutions.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the HealthEgo (“Application”).
The HealthEgo (“Application”) is licensed, not sold, to you by Zeal Health Solutions for use strictly in accordance with the terms of this Agreement.
Parties
This Agreement is between you and the Zeal Health Solutions only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Zeal Health Solutions, not Apple, is solely responsible for the HealthEgo (“Application”) and its content.
License
Zeal Health Solutions grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the HealthEgo (“Application”) solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Restrictions
You agree not to, and you will not permit others to:
license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the HealthEgo (“Application”) or make the HealthEgo (“Application”) available to any third party.
copy or use the HealthEgo (“Application”) for any purpose other than as permitted under the above section 'License'.
modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the HealthEgo (“Application”).
remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Zeal Health Solutions or its affiliates, partners, suppliers or the licensors of the HealthEgo (“Application”).
Intellectual Property
The HealthEgo (“Application”), including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Zeal Health Solutions.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Zeal Health Solutions with respect to the HealthEgo (“Application”) shall remain the sole and exclusive property of Zeal Health Solutions.
Zeal Health Solutions shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application
Zeal Health Solutions reserves the right to modify, suspend or discontinue, temporarily or permanently, the HealthEgo (“Application”) or any service to which it connects, with or without notice and without liability to you.
Updates to Application
Zeal Health Solutions may from time to time provide enhancements or improvements to the features/functionality of the HealthEgo (“Application”), which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the HealthEgo (“Application”). You agree that Zeal Health Solutions has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the HealthEgo (“Application”) to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the HealthEgo (“Application”), and (ii) subject to the terms and conditions of this Agreement.
Third-Party Services
The HealthEgo (“Application”) may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Zeal Health Solutions shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Zeal Health Solutions does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Privacy Policy
Zeal Health Solutions collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is available at http://www.HealthEgo.com/policy. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.
Term and Termination
This Agreement shall remain in effect until terminated by you or Zeal Health Solutions.
Zeal Health Solutions may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Zeal Health Solutions, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the HealthEgo (“Application”) and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the HealthEgo (“Application”) and delete all copies of the HealthEgo (“Application”) from your mobile device or from your computer.
Termination of this Agreement will not limit any of Zeal Health Solutions's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Indemnification
You agree to indemnify and hold Zeal Health Solutions and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the HealthEgo (“Application”); (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The HealthEgo (“Application”) is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Zeal Health Solutions, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the HealthEgo (“Application”), including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Zeal Health Solutions provides no warranty or undertaking, and makes no representation of any kind that the HealthEgo (“Application”) will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Zeal Health Solutions nor any Zeal Health Solutions's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the HealthEgo (“Application”), or the information, content, and materials or products included thereon; (ii) that the HealthEgo (“Application”) will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the HealthEgo (“Application”); or (iv) that the HealthEgo (“Application”), its servers, the content, or e-mails sent from or on behalf of Zeal Health Solutions are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Zeal Health Solutions and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the HealthEgo (“Application”).
To the maximum extent permitted by applicable law, in no event shall Zeal Health Solutions or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the HealthEgo (“Application”), third-party software and/or third-party hardware used with the HealthEgo (“Application”), or otherwise in connection with any provision of this Agreement), even if Zeal Health Solutions or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
For U.S. Government End Users
The HealthEgo (“Application”) and related documentation are "Commercial Items", as that term is defined under 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Export Compliance
You may not export or re-export the HealthEgo (“Application”) except as authorized by United States law and the laws of the jurisdiction in which the HealthEgo (“Application”) was obtained.
In particular, but without limitation, the HealthEgo (“Application”) may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
By installing or using any component of the HealthEgo (“Application”), you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Amendments to this Agreement
Zeal Health Solutions reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our HealthEgo (“Application”) after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the HealthEgo (“Application”).
Governing Law
The laws of California, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the HealthEgo (“Application”). Your use of the HealthEgo (“Application”) may also be subject to other local, state, national, or international laws.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.
Contact Information
If you have any questions about this Agreement, please contact us.
Entire Agreement
The Agreement constitutes the entire agreement between you and Zeal Health Solutions regarding your use of the HealthEgo (“Application”) and supersedes all prior and contemporaneous written or oral agreements between you and Zeal Health Solutions.
You may be subject to additional terms and conditions that apply when you use or purchase other Zeal Health Solutions's services, which Zeal Health Solutions will provide to you at the time of such use or purchase.
Terms of Use
By using the HealthEgo service you are agreeing to be bound by the following terms and conditions ("Terms of Use").
Basic Terms
You may not post nude, partially nude, or sexually suggestive photos.
You are responsible for any activity that occurs from your account.
You are responsible for keeping your password and account secure.
You must not abuse, harass, threaten, bully, impersonate or intimidate other HealthEgo users.
You may not use the HealthEgo service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You are solely responsible for your conduct and any data, text, information, account names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the HealthEgo service.
You must not modify, adapt or hack HealthEgo or modify another website so as to falsely imply that it is associated with HealthEgo.
You must not access HealthEgo private API by any other means other than the HealthEgo application itself.
You must not crawl, scrape, or otherwise cache any content from HealthEgo including but not limited to user profiles and photos.
You must not create or submit unwanted email or comments to any HealthEgo members ("Spam").
You must not use web URLs in your name without prior written consent from HealthEgo, inc.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of HealthEgo, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your HealthEgo account. While HealthEgo prohibits such conduct and content on its site, you understand and agree that HealthEgo cannot be responsible for the Content posted within its services and you nonetheless may be exposed to such materials and that you use the HealthEgo service at your own risk.
General Conditions
We reserve the right to modify or terminate the HealthEgo service for any reason, without notice at any time.
We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
We reserve the right to refuse service to anyone for any reason at any time.
We reserve the right to force forfeiture of any account that becomes inactive, violates trademark, or may mislead other users.
We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
We reserve the right to reclaim accounts on behalf of businesses or individuals that hold legal claim or trademark on those accounts.
Proprietary Rights in Content on HealthEgo
HealthEgo does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the HealthEgo Services. By displaying or publishing ("posting") any Content on or through the HealthEgo Services, you hereby grant to HealthEgo a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the HealthEgo Services.
Some of the HealthEgo Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that HealthEgo may place such advertising and promotions on the HealthEgo Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You represent and warrant that: (i) you own the Content posted by you on or through the HealthEgo Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the HealthEgo Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the HealthEgo Services.
The HealthEgo Services contain Content of HealthEgo ("HealthEgo Content"). HealthEgo Content is protected by copyright, trademark, patent, trade secret and other laws, and HealthEgo owns and retains all rights in the HealthEgo Content and the HealthEgo Services. HealthEgo hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the HealthEgo Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the HealthEgo Services.
The HealthEgo Services contain Content of Users and other HealthEgo licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the HealthEgo Services.
HealthEgo performs technical functions necessary to offer the HealthEgo Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the HealthEgo Services.
Although the Site and other HealthEgo Services are normally available, there will be occasions when the Site or other HealthEgo Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of HealthEgo. Also, although HealthEgo will normally only delete Content that violates this Agreement, HealthEgo reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by HealthEgo in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, HealthEgo encourages you to maintain your own backup of your Content. In other words, HealthEgo is not a backup service. HealthEgo will not be liable to you for any modification, suspension, or discontinuation of the HealthEgo Services, or the loss of any Content.